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1 2 3 










Mifcellaneous Effay ^ 

Concerning the Courfes purfued by 


In the Affairs of her 



With fome OBSERVATIONS on the 
Great Importance of our 

Settlements in AMERICA, 

The TRADE thereof. 


Printed for R. Baldwin, in Pater-Nofier-Row. 


[Price Eighteen Pence.] 


i ' ) 





r-Sf; , 



THE firft Settlement of moft 
of our Coloniec in y4me~ 
rica was made by private Ad* 
venturers, who, finding their Un- 
dertakings too expenfive and un- 
wieldy, abandoned or dropt the 
fame ; and fo moft of them re- 
verted back again into the Hands 
of the Crown. 21 mcirii 

The laudable Genius of our Mer- 
chants, in generoufly encourag- 




f 2 ) 

ing new Settlers and Settlements, 
in fupplying them with all Necef- 
faries, and, at their own Rifque, 
introducing Trade and Commerce 
amongft them, were other great 
Megins, and very efFedlual in ex- 
tending the Settlement of the faid 
Colonies. J ;;/h;-. ;? -r- 

^ The unhappy Divifions, both 
in Religion and Politicks, which 
fublifted in the Reigns of King 
Charles the Firft and Second, 
have been another Caufe of the 
Increafe of our Settlements j but 
there is ftill another Caufe,_ which 
has greatly contributed thereto, 
namely, the fevere Peirfecution of 
the Proteftants in fomc Provinces 





ti ex- 

f the 
m of 

( 3 ) 

pf Germany^ efpeeially the Palati- 
nate and Biflioprick of Saltjburghy 
which Perfecution forced a vaft 
Nymber of Proteftants to aban- 
don their native Countries, and 
afterwards embark for Ameri- 
ca. But as many Ads of Fraud 
and Oppreffion have beea com- 
mitted in thofe Colonies which 
aye more immediately dependant 
on the Crown, in the Manner 
:of iffuing Warrants and <jrants 
for Lands, and that poor Setders 
have been often injured and op- 
preffed thereby, to theDifcourage- 
.ment of many others, who Would 
have followed them ; fuch as 
have tranlported themfelves have 
moftly reforted toPenJylvania^ the 


B 2 


( 4 J 

■ :;^;- ^'^--ft Pare ju% exe- 
r°° °f^^" F^<aifed in other CcT 
tJie Wi Kingdom, and 

^ The Number of faM f • ^^ 
ferflr^^ • n ^ ^^^^^orted and 

the Ye " ^^'"-^^^ °"^^' W 
the Year X7,.8„„,.j 

« a moderate Computation, a- 
nmmt to 8o,ooo Perfo„ " J ' 

;^^as he.des.a„,?trd 
Nujnber, confidering the maS • 



( 5 ) 
fold Difficulties and Expcnce to 
which thofe poor People were , 
put, in coming from Germany to 
Holland^ and afterwards tranfport- 
ing themfelves to America^ is 
much greater than could have 
been reasonably expeded. How- 
ever, the Defire they had of en- 
joying the free Exercife of their 
Religion, and reaping the full 
Benefit or Advantage of their 
Labour and Induftry, was fb ar- 
dent and prevalent, that if they 
5 had been treated with Juftice ah \ , 
I Humanity in thofe Colonies which ^ 
Imore immediately depend on the 
Crown, and that it had been 
thought agreeable to the Wifdom 
of this Government, to have given 

a general 

( 6 ) • 

a general and publick En^^^urage- 
mcnt to the faid Proteftant Re- 
fugees, iii aflifting them in the 
Payment of their PafTages, and 
in granting them Lands on Mili- 
tary Tenure? behind our prefent 
Settlements, they wbuld have be- 
xomc a,n ufeful Frontier for the 
Protedtion of all our Colonies ; 
and during the Courfe of the 
laft t^yenty Years there might 
have been at leaft ten Times as 
great a Number tranfported to 
America^ which, by eftablifhinl^ 
a Land-bank under proper Re- 
gulations, would not have coft 
240,000 /. Sterling to the Pub- 
lick,. -Ai 'V-: DU\&yx^'(-ti -'H^nioii) 


f . '\ 

.<ihi v;j 

'.*. • ■ - • 

.^ * »" ^ >jC"*. .i V' 



int Re- 
in the 
;s, and 
>n Mili- 
lave be- 
for the 
of the 
Imes as 
>rted to 
)er Re- 
ve coft 
le Pub- 

•JOi; ^ 

r> '\ 


( 7 1 




This was a very &vourablc 
Opportunityj and a happy Event, 
which no Nation, except England^ 
ever met with, in having the 
Power to raife a great and power- 
ful Empire in America^ without 
draining the Country of its ufeful 
SubjedSft fiOil t ' **> -i ^^f" 

. '^^ 


• ,f 

•) ') 

jjAnd the Difpofition of the 
Indiati Nations, or Tribes of 
IndianSy would likewife have fa- 
voured our Views and Defigns in ^ 
this Particular ; for had we im- 
proved the Advantage offered to 
us, and ereded Forts for the Se- 
curity of our friendly Indians^ 
and for the Enlargement of our 
;' i J/ .oikf • , ■ ' ' Trade 

( M 

Trade with them, particularly 
near to the Five Indian Nations, 
to the Upper Cherokees^ and to 
the Creek Indian Settlements, wc 
muft at all Times have had it in 
our Power to protect our Trade 
with the Indian Nations, and in 
a great Meafure fecured our Fron- 
tier Settlements from any In- 
croachments of the French^ or 
their friendly Indians, However, 
thefe and many other Miftakes 
we have fallen into, arife from 
the Want of a regular invariable 
Plan of ading in our American 
. Concerns, and from the Want of 
' a proper Syftem in the Offices in 
America^ and alfo from our not 
having any Fund particularly ap- 
• ji^ plicable 






and to 
nts, wc 
id it in 
• Trade 

and in 
r Fron- 
tiy In- 
Khy or 
- from 
IdiXxX. of 
Rces in 
>ur not 
riy ap- 


. ( 9 ) 

plicable or appropriated to the 
Ufes of our Colonies, in Refptd 
to which there is the moft urgent, 
moftpreffingNeceflity to take the 
faid Matters into Confideration ; 
and, as humbly conceived, the 
Aid of the Legiflature will be 
further neceffary, to carry thofe 
Matters into Execution, fo as to 
have their defired EfFeca. 

Thefe are the Motives which 
have induced me humbly to of- 
fer my Thoughts to the PuUick 
on this Subjecft : But, as in treating 
of the Offices many Perfons" are 
apt to put wrong Conftrud-icns, 
and not only fo, but to apply 
what is faid of the Offices to 

€«' . c . thofe 

( lO ) 

thofe who prefide in them, I take 
this Opportunity moft folemnly to 
declare, That in the whole Courfe 
of the following Effay, I have 
not written any Thing with the 
leaft View or Intention to refled: 
on thofe who prefide in the great 
Offices; but, on the contrary, 
my principal Aim and Intention 
is to fhew that in all well-regu- 
lated Governments there ought 
to be fixt and certain Meafures 
which are not to be departed 
from, and that the Order and 
Subferviency of the Parts of all 
lefler Syftems ought to concur to 
the Good of the general Syftem, 
or elfe every Thing muft run in- 
to Anarchy and Confufion. ,^ 


(" ) 

I take 

nly to 



h the 


I great 








f all 

ur to 


in in- 




Thofe who prefide in the great 

Offices may, in fome Degree, be 

compared to the Commander of 

a Ship of War, who, altho' pof- 

feffed of all the Qualifications 

neceffary for the King's Service, 

[ yet may be fo circumftanced, 

;^from the Defcds or ill Qualities 

vof his Ship, as not to be able to 

carry Sail when a Storm arifes 

upon a Lee Shore, or to proteft 

his Ship from finking, by the 

Defedls or Rottennefs, which, 

Ithro' Time, have crept into the 


In like Manner, even great and 
I good Men are often fiibjedt to 

C 2 Surprife, 


I i 

1 1 V 

( 12 ) 

Surpife, when the Offices are not 
fo formed, as to open every Mat- 
ter of Confequence to their View: 
From which Caufe, they are fre- 
quently under a Neceflity of re- 
gulating their Condudt by private 
and often partial Informations. 

' ' ' ' . 

I therefore humbly hope, that 
the Freedom with which I treat 
this Subjed will not be imputed 
to me as a Crime, and that the 
Publick will give all due Atten- 
tion to fuch Matters as may be 
thought worthy of their Conii- 
deration, :;^.i, 

A, N 






( 13 J 

are not 
ry Mat- 
r View: 
are fre- 
of re- 

v-:ii% rj'i 


■ i ' ■ 4 t,'""^ ~ 

A N 

E S S A y 

)e, that 
I treat 


hat the 

may be 


A N 


!f ..,> 

Courfe of Proceeding in theAflfaira 

of our Coi^ONIES, ^c^ . 

V ^-t 

THE Conftitutions of this 
Kingdom and of France 
do (very much to our Advantage 
and Happinefs) differ in many 
Refpeds, more elpecially with 
Regard to the Security of our 


II ! 


i ; 
I ' 

i- I 

( Ul 

Lives and private Properties; but 
yet, in the Conftitution of the 
French Offices, particularly as the 
fame relate to America^ there is a 
Spirit of Liberty runs through the 
whole of them, and they are fo 
excellently well contrived and 
calculated for the Improvement 
of their Trade, and Enlargement 
of their diftant Colonies and Pof- 
feffions, that an Improvement 
(althb' from a foreign Stock) may 
l)e very properly engrafted into 
our Syftem ; nor is there any 
great Difficulty in fo doing, as 
the Regulations they have made 
are no more the natural Refult of 
their Conftitution, than of ours ; 
and altho' fome fmall Alterations 
, />;.: may 

may be neceffary, the principal 
Objed:inView is, fo to regulate our 
Offices in America^ as to have a 
mutual Relation or Dependance 
upon the general Syftem, or Plan 
of Government eftabliflied here ; 
and the Want of attending to this 
in the firft Model or Frame of 
Government eftabliflied in our 
Colonies, has been one great 
Means or Caufe of the many Dif- 
putes which have arifen in the 
Colonies, and of the Incroach- 
ments which have been often 
made on the Prerogative of the 
Crown, and alfo in many Re- 
fpeds upon the Rights and Pro- 
perties of the Subjed. ^ 






i! 1 


( i6) 


'■: r. 

The .'^warrantable Cbnftruc- 
tions which fome of the Colonies 
have put on the Charters granted 
them by the Crown, are altoge- 
ther inconfiftcnt with that Depen* 
dance which they owe to their 
Mother-Country; for although 
the faid Charters intitle them to 
make Bye-Laws, for the better 
ordering their own Domeftiq Af- 
fairs, yet they do not, nor cannot, 
intitle them to make Laws which 
may have a general Effed, either 
in obftruding the Trade of this 
Kingdom, or in laying Reftraints 
and Difficulties on the neighbour- 
ing Colonies : For as their Power 
in a Legiflative Capacity doth 
r-." ' originally 



o their 
:hem to 
: better 
ftic Af- 
s which 
, either 
of this 
r Power 
y doth 

originally flow from the Crown, 
under certain Limitations and 
Reftridlions, particularly in not 
pafUng any Laws but fuch as are 
confiftent with the Conftitiition 
and Laws of this Kingdom, {o 
the Fitnefs and Expediency of 
fuch Laws are only cognizable 
and determinable by his Majefty 
or by the Legiflature in this King- 
dom, as it is conceived that they 
cannot be proper Judges in their 
own Cafe ; yet to fuch Excefs have 
they proceeded in fome of the 
Charter Governments, namely, in 
Rbode IJland and ConneEiicut^ as 
to enadt Laws that no Law fhall 
take Effed in their Colonies, un- 
lefs it is firfl authenticated or 
-" D enacfted 


I i 

i i 

( I« ) 

cnadled Into a Law by them ; and 
fomc of them have made them- 
felves Judges of the Fitnefs and 
Expediency of their own Laws, 
by not tranfmitting them to the 
proper Boards at Home, 

, The faid Colonies ought to 
meet with all proper Encourage- 
ment, and to have their Rights 
and Properties entirely preferved 
to them ; but then it is to be 
confidered, that there is a pub- 
lick as well as private Liberty, 
that all Advantages arifing from 
the Colonies to this Kingdom 
principally confift in their mutual 
Relation and Dependance, and 
that their feparate Interefts would 


n; and 

: them- 

efs and 


to the 

ight to 


J to be 
a pub- 
y from 

te, and 



' ( ^9 ) 

clafli one with the other, provided 
they were permitted to exercife 
any Power which may be contra- 

' ry to the true Intereft of their 
Mother-Country, or of his Ma- 

, jefty's other Colonies dependant 

I thereon. 



And as it relates to thofe Co- 
lonies who are more immediately 
dependant on the Crown, his 
': Majefty's Orders or Inftrudions 
are intended as the fole Guide 
and Meafure of the Governor's 
Condudb, and ought not to be 
in the leaft departed from. But 
Experience hath fhewn, and the 
very Nature of the Thing fup- 
pofes it, that where there are no 
D 2 Penalties 



Pcniikics iiiflidcd on Breach oFliis 
Mttjcfty's Orders and Inftrudions, 
the End of Government in diflant 
Colonics cannot be attained ; for 
iinlefs there be fome certain Rules 
cftablifhed whereby every Thing 
done in Behalf of the Crown, 
or of the Publick, may be de- 
pended upon, and that thofe ia 
OxKce have it not in their Power, 
under various and colourable Pre- 
tences,. to take fuch Meafures as 
to render every Thing done by 
them precarious and uncertain, 
it muft, from the very Nature of 
the Thing, open a Door to many 
Incroachments upon the Crown, 
and Ads of Oppteflion upon the 

lIi of his 

cd ; for 
in Rules 
f Thing 

be de- 
thofe in 

ble Pre- 
ifures as 
done by 
ature of 
:o many 
pon the 

( " ) 

If the Inftrudions of the Crown 
be fuch, that the Nature, Change, 
or prefcnt Circumftances of Af-^ 
fairs in the faid Colonies put the 
Governors under any Neceflity of 
varying from the faidlnftrudtigns, 
that is a goodRcafon why the faid 
Governors fliould reprefent their 
Difficulties in a proper Manner to 
the Crown, and humbly propofe 
the Remedy, and fuch further Di- 
redlions as the Nature of the Cafe 
or Emergency of the Affair may 
require ; but the faid Governors 
ought not, in any Event whatlb- 
ever, to depar': from the Royal 
Orders and Inftruftions of the 
Crown, as the Delay which may 
be thereby oecafiioned cannot be 



( 22 ) 

put in Competition with the 
Train of evil Confequences and 
bad EfFeds, which muft natural- 
ly or confequentially arife from 
the breaking in upon thofe Guards 
and Provifions which the Crown 
has wifely conftituted fo the Safe- 
ty of the Subjeds, and good Go-^ 
vernment of the faid Colonies. ' 


•^Colourable Pretences and Pleas 
of Neceffity are never wanting, 
particularly at fo great a Diftance^ 
to palliate or conceal the moft 
cruel Ads of Violence and Ra- 
pine, which can only be prevent- 
ed by preferving one regular uni- 
form Courfe of ading thro' all 
the Offices in America^ and alfo 
■^m- ■ , , ■;' :• by 



by an invariable eftabliflied Rule 
of ading in our Council or Board 
of Trade, as Informations in any- 
other Shape cannot be relied 

And therefore, as Is humbly 
conceived, it may be of great Ufe 
to the Publick to take a View of 
the ufual Courfe of Proceeding 
in Committees of Council, be- 
fore the conftituting of a Council 
or Board of Trade in 1696, and 
of feveral other Regulations with 
refpedt to our Colonies. 

In 1 666 King Charles the 
Second paft an Order for eftabUfli- 
ing a future Regulation of Com- 

I' I 1 



( 24) : 

mittees of his Privy Council, and, 
amongft the reft, aGommittee for 
the Bufinefs of Trade, under 
whofe Confideration was to come 
whatfoever concerned his Ma- 
jcfty's foreign Plantations, and alfo 
wh^t rekted to his Kingdoms of 
'Scotland or Irdand^ in fudh Mat- 
ters only relating to either of 
thofe Kingdoms as properly be- 
longed to the Cognizance of the 
' Council Board ; the Ifles of Guern- 
^fey and jferfey : which was to eon- 
^ fift of the Lord Privy Seal, Duke 
of Bucksy &c. 



And, for the better carrying 
on the Bufinefs of the faid Com- 
mittees, and of the feveral other 


icll, atidj 
nittee fdr 
, under 
to come 
his Ma- 
, andalfo 
[doms of 
iidh Mat- 
sither of 
perly be- 
p of the 
if Guern- 
LS to eon- 
d, Duke 

id Goiii- 
ral other 

( 25 ) • 

Committees then appointed, his 
Majefty thought fit to dired, that 
fuch Committees do make their 
Reports in Writing, to be offered 
to his Majefty next Council Day 
following, in which, if ever any 
Debate arofe, the youngeft Coun- 
fellor to begin, and not to fpeak 
a fecond Time without Leave 
firft obtained: And that, as on one 
Side nothing is to be hereafter 
refolved in Council, till the 
Matter hath been examined, and 
received the Opinion of fome 
Committee or other; fo, on the 
other Hand, that nothing be re- 
ferred to any Committee until it 
hath been firft read at the Board, 
excepting foreign Affairs ; with 

E " ' this 







'il:!^'! \ 


this Explanation, that upon read- 
ing Petitions at the Board, where 
there is an unanimous Confent to 
grant or reject:, fuch Petitions are 
to be difpatched as formerly, and 
only fuch Petitions referred to the 
relpedive Committees wherein 
any Difficulty, Caufe of Examina- 
tion, or Diverfity of Opinion, may 
arife: And his Majefly thought fit 
to direct, that no Order of Coun- 
cil fliould be iffiied by the Clerk 
of the Council, until the fame was 
perufed by the Reporter of each 
Committee refpedtively. 

►5 ••>»-> -i . . 

The above Order in Council 
was in many Refped:s wifely cal- 
culated to bring every Matter of 


■ .it 


m read- 
, where 
ifent to 
ions are 
ly, and 
1 to the 
)n, may 
ught fit 
F Coun- 
e Clerk 
me was 
)£ each 

bly cal- 
atter of 


f 27 ) 

Importance, and of a mixt Na~ 
ture, to the View of the Crown; 
and the Appointment of Com- 
mittees for the Difpatch of differ*- 
ent Kinds of Bufinefs was like- 
wife of Ufcy as the Lords of the 
Committee, by giving their con- 
ftant Attendance, might be there- 
by better informed of the Nature 
of the Bufinefs brought before 
them. ? 


PiohA,: ' '^ '';M rli ''.,i^ub-v,.2 : 

■f r 
-J , 

' J-' 

f /-- 

-i 'J. 


( 28 ) 



y^/ /fy6^ Ci?//r/ ^/ Whitehall, the 

2'jth of January, 1681 

.(.-., t >•> 

• I . 

'> 1% I J ■» 

7^^ Kings Mojl Excellent Majejly 

in Council, 

1, .* 

,1 I .J » .A , 

1 :'''iVl ^iti . 

J;.l. -v<,. ii 

■wr ■- ' >■ >.• * 

* I T was this Day ordered by 
his Majefty in Council, That all 
the Lords of his Majefty's Moft 
Honourable Privy Council be, and 
they are appointed to be, a ftand-^ 
ing Committee of this Board for 
Trade and Foreign Plantations. 

^^ The above Order of the 27th 

of January y 1681, which was 

' ^ pre- 


lall, the 
)8i. . 


ered by 
phat all 
^'s Moft 
be, and 
a ftand- 
ard for 

e 2 7 til 
:li was 

( 29 ) 
previous to the conftituting a 
Council or Board of Trade con- 
tinued in Force until A%, 1 696 ; 
biit, as is conceived, was not 
renewed until the ift of OEtober^ 



In 1695, feveral Members of 
e Honourable the Houfe of 
ommons were for eftablifhing 
Board of Commerce, and alfo 
^r appointing Commiflioners for 
ade and Plantation. But this 
^as objected to by others as an 
ncroachment on the Rights of 
he Crown. However, all agreed 
as to the Ufe and NecefGty of ap- 
pointing fuch a Board. 


' # 




Ir I' 



( 30 ) 

■"' And, agreeable thereto, his late 
MajeftyKmg Willi AM the Third 
conftituted a Council or Board of 
Trade, in May or June 1 696, 
and appointed the foUowiitg Per- 
fons as Ordinary and Extraordi- 
nary Members of the faid Board, 


^-.U ':{(ii-i,:iiij. 

The Lord Keeper of the Great 
Seal, or Chancellor ; thePrefident 
of the Privy Council 5 thefirftCom- 
miffioner of the Treafury, or Lord 
Treafurer; the firftCommiflioner 
of the Admiralty, or Lord Admi- 
ral ; the two principal Secretaries 
of State, and the Chancellor of 
the Exchequer; together with 
the Earls of Bridgwater and 

• , Tanker- 


), his late 
be Third 
Board of 
e 1696, 
iitg Per- 
d Board, 

he Great 



or Lord 


1 Admi- 


cellor of 

er with 

er and 


(31 ) 

''Tankerville^ Six Philip Meadhoufey 
William Blaithwaity John Pol- 

\lexfen^ John Lackey Abraham 
Hilly and John Meathwen^ Efqs. 
were declared his Majefty's Com- 
miffioners for encouraging, ira- 

I proving and protedling the Trade, 
Plantations, Manufadories, and 
ifliery of this Kingdom. ». 

I And, in Purfiiance thereof the 

J7thof^/K, 1696, their Excel- 
lencies the Lords Juftices inCoun- 

Jtil ordered, That the Books and 
*apers of Bufinefs in the Planta- 
tion Office, relating to the Com- 
mittee of Trade and Plantation, 

I then in theCuftody of Mr. Povgy^ 
be by him delivered over to Mr. 




( 32 ) 

Popple^ Secretary to the Council 
of Trade, by Lift or Schedule, 
to be figned by the faid Se- 
cretary ; and that all Matters 
which were depending before 
the Committee of Trade and 
Plantation, by Order of Re- 
ference from that Board, be, as 
they are thereby, referred to the 
faid Council of Trade. 

1 1 ''. 

^ The above Order of Council, 
as is humbly conceived, evident- 
ly fliews, that the Council or 
Board of Trade was intended to 
a6t in the Place of Committees of 
Council, and that the Reports of 
the faid Board were to be imme- 
diately carried to his Majefty in 
.. Council, 

faid Se- 

r before 
ide and 

of Re- 
, be, as 
d to the 

incil or 
Winded to 
littees of 
ports of 
e imme- 
Ljefly in 


( 33 ) 

Council, and (as is moft humbljr 
conceived) if any Miitter o/. 
Doubt arofc in Council concern- 
ing the fame, the faid Report 
was to be referred back to the 
Council of Trade, at which Board 
the extraordinary Members mignt 
take their Place, in order to con- 
fult what was fit to be done. In 
which there was much Safety, as 
all the Papers and Records rela- 
tive to the Affairs of the Colonies 
are fuppofed to center in the faid 

The appointing of the Right 
Hon. the Lords of the Cabinet 
Council to be Extraordinary Mem- 
bers of the Board of Trade, feems 

F < like- 



ill . 

( 3+)' 

likewife to have been calculated 
to anfwcr many other valuable 
Ends and Purpofcs ; for as the 
faid Council, or Board of Trade, 
was intended as the only Channel 
of Information to the Crown, in 
all Matters which related to our 
Plantations, Trade, and Com- 
merce ; and alfo, as they were 
to report to the Crown, once in 
every Year, the Courfe or Pro- 
ceeding of all the Officers em- 
ployed in the Service of the Crown 
in America'j it became thereby 
highly necelTary to have the great 
Officers, who preiide at the other 
great Boards at Home, at leaft 
virtually prefent at the Board of 
Trade, when they took Cogni- 
: r fance 


as the 
)wn, in 
to our 
;y were 
once in 
3r Pro- 
rs em- 
c great 
e other 
It leafl: 
oard of 


fance of fuch Matters as were tranf- 

aded by their Officers. Which 

Regulation freed the Council of 

Trade from all Reftraint in their 

Reports : And in this happy State 

; of Things the meaneft of the 

Officers employed in j/^merica 

might look upon themfelves as 

nder the immediate View and 

rotedion of the Crown, and 

ot under the Tyranny and Op- • 

reffion of any Officer who ads 

iin a higher Sphere. 

The faid Council or Board of 

Trade was likewife, by their 

|Conftitution, to examine the mu- 

jnicipal Laws and Records of all 

the faid Colonies, and to report 

F z 



i ,1 

I 1 

• -. . ( 36 ) . , ■ 

to the Crown, once in every Year, 
a full and true State of all the 
faid Colonies. And it is alfo ve~ 
ry obfervable, that the Reports 
of the faid Board were often 
brought before the Houfe of Com- 
mons, without any particular Ap- 
plication by the Members of the 
Houfe on that Head. But thofe 
particular Inftitutions (whereon 
the Ufefulnefs of the Board prin- 
cipally depends) have been too 
often omitted, although for the 
firft twelve Years after the Con- 
ftitttting of the faid Board thofe 
Matters were carefully attended to. 

His Majefty's Inftrudlions to 
the Governors of the Colonies 




ry Year, 
all the 
alfo ve- 
2 often 
^f Com- 
Lilar Ap- 
1 of the 
ut thofe 
rd prin^ 
een too 
for the 
lie Con- 
d thofe 
nded to. 

ions to 



( 37 ) 

I more immediately dependant on 
\ the Crown are prepared by the 
I Board of Trade, and when ap- 
''h proved of by his Majejfty in Coun- 
|cil ought to be confidered as a 
Direction, or indeed a Law, to 
the Governors, by which they are 
to regulate their Condud: ; and 
1 though the faid Infl:ru£lions are 
liot to be confidered in all Cafes 
as obligatory or binding on the 
Subjedl, yet the leaft Deviation 
^from them in the Governors 
f opens a Door for all manner of 
I Fraud and Incroachments, both 
I upon the Crown and upon his 
I' Majefty's Subjedls in the Colonies; 
for when fuch Deviations are 
admitted, and plaufible Pleas 
) • allowed ' 




. (3«) • 

allowed in Excufe for their Con- 
dud:, there cannot (as will more 
fully appear in th^ Profecution of 
this Effay) be any reafonable Hopes 
of Redrefs, efpecially as the De- 
lay and Expence, which ufiicUy 
attend Petitions of Complaint, 
make it impoflible for many Per- 
fons to bring their Cafe before 
the Crown, ^ - , 


But to guard againft thofe Dif- 
ficulties and Inconveniences, and 
to proted; the Subjeds Abroad 
from all unwarrantable Ads of 
Power from the Governors, Chief 
Juftices, or any of the other Of- 
ficers of the Crown, the Secre- 
tary's Office in the Plantations 


eir Con- 
i^ill more 
:ution of 
lie Hopes 
the De« 
fi ufii^My 
any Per- 
e before 



lofe Dif- 
, and 

Aas of 

s, Chief 
her Of- 

" Secre- 

• (39) 

^as, in all its feveral Branches, as 
jpkvk of the Council, Clerk of the 
;Affembly, ^c\ originally intend- 
ed as an OifKce of Record, and 
all Bulinefs tranfadled by his Ma- 
yfly's Governors, either in a mi- 
Aifterial or judicial Capacity, or 
Ordinary in granting Probates 
Wills, or Adminiftrations, &'c. 
viere intended to be entered at 
irge in the faid Council Tour- 
: and fo not only remain in 
$hf Colonies as a Record for the 
5^ 1 ;' nnd Benefit of the Subjed:, 
^ut Copies thereof were alfo to 
je tranfmitted to his Majefty's 
Secretary of State and Council 
i)f Tracje. 

' And 


■in ij.-, 


■!l ! 


. II 


And as his Majefty's Gover- 
nors arc confidered to have a Sii- 
perintendency and great Influence 
vVer all the Ofiicers within their 
lelpedivc Governments, if anj 
of his Majefly's Subjects there 
apprehended themfelves to be ag- 
grieved by any Perfon in Power, 
they were deemed to have a Right 
to lay their Grievances before the 
Governor and Council, and to 
examine all fuch Evidences as thej 
could produce in Support of their 
Charge, fo as to make the fame 
Matter of Record. 

And, as is above obferved, thofc 
Records being tranfmitted Home, 


y's Gover- 
liave a Sii- 
t Influence 
Lthin their 
:s, if anj 
ed:s there 
5 to be ag- 
in Power, 
Lve a Right 
before tht 
1, and to 
ces as thej 
)rt of their 
: the fame 

•ved, thoft 
:ed Home, 


(41 ) 

by the proper Officers, gave the 

I Lords of Trade a full Infight in- 

|to the Courfc and Proceedings 

I of the Officers employed by the 

Crown, and into the AfFairs of 

[the Colonies ; fo as to enable 

their Lordfhips to recommend 

hofe Officers to the Crown, who 

ad behaved properly in the Dif- 

j^arge of the Truft repofed in 

:hem, and to difmifs and punifli 

fuch as had deviated from their 

t)uty. And to this End our 

ouncil of Trade was impowered 

o nominate Governors and other 

fficers to the Crown, 

!♦ '. 

In relation to which I pi'ay 
I Leave to obfervcj that however 

# great, 

( 42 ) ' 

great, however good, or well 
qualified thofe great Perfonages 
may be, who have the Diredion 
of the Affairs of our Plantations, 
and of our Trade and Commerce, 
yet if the Order of the Offices 
be inverted, and they be there- 
by under a Neceffity to de- 
pend upon private, and often 
partial. Information, they will be 
often led into Miftakes ; even fo 
as to withdraw their Protection 
from thofe who have adted a- 
greeable to their Duty, and to 
fupport others who in many 
Refpedls have deviated from their 
Duty to the King, and at the 
fame Time committed many Ads 
pf Oppreffion againft the Subjed* 

I fliall 


'-{■" .\ 


( 43 

or well 
e there- 
to de- 
id often 
\( will be 
even fo 
idled a- 
and to 
1 many 
)m their 

at the 
my A6ls 

I fliall 



.^ .^ .,' •- f,. . :t \ '. -I 



I fhall pray Leave further to 
obf^rve, that altho' there appears 
\ great Wifdom and Knowledge in 
the framing of the above Confti- 
tutions (which is faid to have been 
done by Lord Sommers and Mr. 
^ocke) and alfo that there was 
n A61 paffed, the 12 th of King 
iLLiAM the Third, intitled, An 
^Ei for the Punijhment of Gover^ 
vrs in the Plantations ; yet there 
as ftill fomething wanting, which 
as been the Means of deftroying 
he End and Defign of the faid 
nftitutions: For the Records in 
the Colonies, tho' well intended, 
|were never properly regulated j 
and confequently there was an 
G 2 ; Opening 


( 44 ) 

Opening left for Deceit on the 
Boards at Home ; and as the 
Balis or Foundation of all Syftcms 
ought not to be departed from, fo 
likevvife, the above Inftitutions, 
being the very Hinges upon which 
the Government and Safety of 
his Majefty's Subjeds in the 
Colonies principally depend, there 
was, as is moft humbly conceiv- 
ed, the greateft Neceffity for the 
Aid of the Legiflature in efta- 
blifliing the faid Inftitutions by 
Law, with Penalties on fuch 
as deviated from them: And from 

this there could not any Danger 
arife, as it related either to the 
Prerogative of the Crown, or 
the Safety of the Subjedt ; but 



: on the 

I as the 

II Syftcms 
[from, fo 
»on which 
5afety of 

in the 
ind, there 

y for the 

in efta- 

tions by 

)n fuch 

^nd from 

tr to the 

own, or 

:d: ; but 

( 45 ) 

in all Refpedts it would have had 
^he contrary EiFedj in keeping 
khe Crown from Surprife, in hav- 
'^ng the Orders of the Crown duly 
^xecuted, and in freeing the 
"^ubjec^ from many Adls of Opt- 
reffion; and if thofeinTruft and 
bwer in the Colonies deviated 
om their Duty, the Subjed, if 
jured, could lay his Grievan- 
s before the Crown, without 
ing liable to any great Delay 
d Expence therein. ^^i^ 

- ..i^- f.* . 

And there is the greater Rea- 
>n for this Courfe of Proceeding, 
the Crown has not thought fit, 
i|ifually, to admit of Appeals for 
my Sum lefs than 300/. Sterl, 






( 46 ) 

but in the other Courfe of Pro- 
ceeding, if a poor Planter wa^; 
defrauded of Three Hundred 
Pence, by the Governor or Chief 
Juftices not allowing him the 
Liberty to proceed by due Coiirfe 
of Law (which hath been often 
done, both by the Governors and 
Chief Juftices, and of which there 
are Inftances upon Record) fuch 
Perfons might bring their Cafe 
before the Boards at Home, by 
the Journals of Council tranf- 
mitted thither from the Colonies. 

And it is alfo proper to obferve, 
that, as it relates to America^ our 
Council-board are in many Re- 
Ipeds to be confidereJ as a Sove- 

H ^ V- 


of Pro. 
[Iter waij 

or Chief 
him the 
je Co\irfe 
leen often 
Tnors and 
hich there 
3rd) fuch 
Sieir Cafe 
[ome, by 
cil tranf- 

o obferve, 
^ricay our 
nany Re- 
ts a Sove- 

( 47 ) • ' - 

•eign Court; therefore if they 
<jare, by wrong Informations, led 
into Miftakes, the Subjedl may be 
barred from all Relief, as the 
Courts in America are not fo con- 

f^ituted, as to intitle them to take 
ognifance of any Matter which 
kath undergone the Confideration 
4jf the Council-board. f ^ -,'> 

g| The great Excellency and EfE- 
cy of the French Inftitutions, 
their Board of Commerce, 
ife principally from their not 
ing at Liberty to difpenfe with 
e Rules and Ordinances of the 
|king; which frees them from 
any irregular Solicitations : And, 
like Manner, that the Gover- 

1? > 


( 48 ) 

nors, Surintendants, Sfc. are lia- 
ble to Penalties, if they deviate 
from the Orders of the Crown. 

But, by the Conftitution of 
this Kingdom, the Inftrudions 
and Orders of the Crown have 
not that Force and EfFeA on "he 
Governors, and other Ofncer T 
the Crown, which the Nature of 
the Cafe requires : And if they, 
even our Council or Board of 
Trade, are at Liberty to vary 
from the Standard of A6lion, or 
from the King's Pleafure fignified 
to them by their Conftitution, 
there will arife a continual Clafli- 
ing of Interefts ; the Ufefulnefs 
of the Colonies, with refpedt to 
,n'. r. their 

'. arc Ha- 
;y deviate 

tution of 
)wn have 
:(ft on '■Se 
Nature of 
i if they, 
Board of 
to vary 
.d:ion, or 
- fignified 
jal Clafh- 
refpedl to 


their Trade and Commerce, will 
rbe in a great Meafure lefTencd 
I thereby, and alternately both the 
Rights of the Crown, and the 
Liberties and Properties of the 
jSubjed:, invaded; and that too, 
lin many Cafes, without a Poffi- 
'bility of Redrefs : And indeed it 
|s not pofTible, with the greatefl 
jliuman Forefight and Knowledge 
>f Bufinefs, in our Council of 
'rade, to carry the Orders and 
[nftrudions of the Crown into 
[ue Execution, or efFedually to 
iprove or extend our Colonies in 
tme?icay other wife than by hav- 
ing all the Records of the Colonies 
luly formed and tranfmitted to 
them, and by being entirely free 

H and 



ai?d indepcndant in their own 
Sphere of Adtion. ' 

However, there is nothing pro- 
pofed on this Head, which can 
poffibly reftrain the Crown in 
the Exercife of its own Prero- 
gative; for, as is above obferved, 
the Strengthening the Hands of the 
Crown, fo as to guard againfl: 
Incroachments, cannot delay or 
impede the due Courfe of Bufi- 
nefs ; neither can the Governors 
being under a Neceffity to have 
all A6ls done by them, in relation 
to the publick Concerns of their 
Colony, entered in the Journals 
of Council, in the leaft obftrud 
the Bufmefs of the Crown ; nor, 


leir own 

liing pro- 
Siich can 
irown in 
n Prero- 
ndsof the 
i againft 
delay or 
of Bufi- 
to have 
of their 
: obftrud 
vn y nor, 


(51) . •• 

laftly, can our Council of Trade's 
_ reporting to the Crown the State 
I and Condition of the Colonies, 
^ and the Courfe of the Officers 
employed therein, have any ill 
-Eftedt; but, on the contrary, 
I the enforcing of thoie Duties by 
e Authority of Lavv^ will give 
trength and Vigour to the Colo- 
flies, and protedl his Majefty's Sub- 
jedls, without the leaft Incrpach-p 
Lients on their Rights and Privi^ 
eges, which have been often 
nvaded by a difpenfing Power, 
high includes all other Powers 
^hatfbever, ^„ ',:x j^.% .. a^-^.. 

t* ■;■ i-'v'^vv -v, 


[■ >f 1 1 

, I t A 


I The Oppofition which was 
Igiven to thofe employed in the 
H 2 Admini- 

'\ ::) 

■ -It 'y 5 

( 52 ) 
Adminiftration of publick Af- 
fairs, in the latter End of Queen 
Anne's ir.eign, and tlie Struggles 
for Power, which then fubfifted, 
did, in a great Meafure, take off 
the Attention of the Miniftry 
from the Concerns of America, 
From which Caufe the Reports of 
the Board of Trade were often 
filenced, and lay in the Secreta- 
ry's Office, without any Notice 
taken of them. — Whereupon the 
faid Board did not, as formerly, 
report annually to the Crown 
a State of the Colonies, with 
refped to their Government and 
Trade, and the Proceedings of 
the Officers employed therein; 
fo that, from this Omiffion, fuch 
"'•'■-* ' ' • Perfons 

>lick Af- 
j{ Queen 

take ofF 

Leports of 
^ere often 

y Notice 
upon the 
: Crown 
^s, with 
nent and 
dings of 
therein ; 
on, fuch 


( 53 ) 

* Perfons as had any Concerns dc- 
vpending, in relation to America^ 
ibegan to apply tov the Council- 
iboard, or to the Treafiiry or Ad- 
miralty, as the Nature of the 
^ufinefs might require. ^ ,. 

The Courfe of Bufinefs, in 

Elation to our American Con- 
^ rns, being thus altered, Com- 
littees of Council were again 
newed, by the following Order 
Council, viz. 

H'fi,,-x.' ,^J''8"\:"33 



Kk%y-:*-Vi '-.J',. '.Ja'X. 


{ 54 ) 

Ai the Court at St. James' j, the 
jji of Odober, 17 14. 


The Kings Mofi Excellent Majejly 
in Council, 

• *" . 

, ' ...... 1. %i.«*' ■ . - -^ - -i. 

V ■ ''» 

IT IS this Day ordered, by 
his Majefty in Council, That the 
whole Privy-Council, or any three 
or more of them, be, and arc 
hereby appointed to be, a Com- 
mittee for the Affairs of Guernfey 
and Jerfey^ hearing of Appeals 
from the Plantations^ and other 
Matters that ftiall be referred to 
them : And that they proceed to 
hear and examine !"ach Caufes as 






jred, by 
rhat the 
iXiY three 
and arc 
a Com- 
id other 
erred to 
oceed to 
aufes as 


fhave been referred to Committees of 

Council by her late Majefty, and 

Ireport the fame, with their Opi- 

fnion thereupon, to this Board. . 

In relation to which, I n>ofl 
umbly pray Leave to obferve, 
that the Adions of the greatefl, 
the wifefl, and the befl of Men, 
are formed agreeable to their In- 
formations, and that what may 
Uppear extremely wife and pru- 
dent, and in all Refpeds well 
alculated to guard the Crown 
i-om Surprize, and the Subject 
om Injury, may yet have a dif- 
ferent Tendency, as it relates to 
ur diflant Settlements ; for ^vith- 
ut Unity of Defign, and alfo a 


' .1 ■ 


mutual Relation between the 
Syftems obferved Abroad and at 
Home, and likewife that there be 
an uniform Courfe of Proceeding 
(as is conceived) it is impoflible 
to prevent the Affairs of America 
from running into Gonfulion, or 
to free the Crown from Surprize. 
For if a Tube or Perfpedive had 
feveral Paffages before it came 
to .its extreme Point, no Objedt 
could be thereby reprefented in 
a true Light. r '"": 

The Wifdom and Juftice of 
the great Perfonages, that either 
have been, or now are, con- 
cerned in the faid Boards, leave 
us not the Icaft Doubt of their 
•' having 


:n the 
and at 
here be 
fion, or 
:ive had 
it came 
) Objea 
nted in 

ftice of 

at either 
e, con- 
;, leave 
of their 

' . (57) 

having determined all Matters 
which came before them, agree- 
able to the Principles of Lav^^ and 
Juftice ; but then their Con- 
dud, in Refpedl to fuch Matters 
as came under their Confidera- 
tion from our diftant Colonies, 
muft, in a great Meafure, de- 
pend upon the Evidence brought 
before them, and likew^ife on the 
Courfe of Proceedings in Ajne- 
rica ; fo that if, by great Delay 
and Expence, the Subject is 
barred from Relief, they are often 
as unhappy as if they had not 
any Appeal to the Crown : Nor 
can this be redreffed in any other 
Manner than by the Aid of Par- 
liament, in eflablifhing an inva- 
• I riable 



( 58 ) 

riable Rule of Proceeding in Re- 
lation to the Records, and alfo 
in Relation to our Council or 
Board of Trade's reporting to the 
Crown, once in every Year, a 
State of the Government and 
Trade of the Colonies, and alfo 
the Courfe of Proceeding of the 
Officers employed therein ; which 
would be a great Incitement to 
the Officers of the Crown to 
ad agreably to their Duty. For 
as the Supreme Being is the 
firft Spring and Author of all 
that is virtuous or good, as in the 
Difpenfation of his Providence in 
the Moral World he hath an- 
nexed Rewards to incite his Crea- 
tures to the Performance of their 
':.• V Duty, 



.11 Re- 

id alfo 


cil or 

■ 'M 

to the 

ear, a 

It and 

'i} jBh 

nd alfo 

of the 

' '^m. 


lent to 


wn to 


. For 


is the 


of all 


in the 


^nce in 

th an- 


s Crea- 


)f their 


. { 59) 

Duty, and Punifliments to deter 
others ; fo Princes, as his Vice- 
gerents, are to be looked upon 
as Inftruments in his Hands, not 
only to protedl the Innocent and 
reward the Virtuous, but to punifh 
fuch as adl contrary to their Du- 
ty. And in this Light the Sove- 
reign is to be confidered as the 
Centre, to which all Perfons em- 
ployed in Publick Affairs, and all 
Matters relative to the Offices, 
ought ultimately to refort ; for, 
as is humbly conceived, it is im- 
poffible for the Sovereign, or for 
thofe employed in the Admini- 
ftration, to protect his Majefty's 
Subjects Abroad, otherwife than 
by keeping the Offices uniform, 

I 2 



( 60 ) ' 

entire and open ; and, in or- 
der thereto, by infliding Penal- 
tics on fuch as adl contrary to 
their Duty. ♦,1 , ;rM;fi'-hil 3 

Having endeavoured to demon- 
ftrate jthat the prefent Syiftem of 
our Offices dotli not, or indeed 
cannot, effedually reftrain thofe 
who are intrufted with the Go- 
vernment of his Majefty's Colo- 
nies, and that, in Confequence 
thereof, the Subjedl may be great- 
ly injured, without the Poflibili- 
ty of Relief, and alfo that, with- 
out a regular and lixt Method of 
Proceeding, the Crown cannot 
prote6l or extend our Trade and 
Commerce, or in many other 

'^n^ r Refpedts 

n or- 
ary to 

em of 
, thofe 
e Go- 
lod of 
ie and 

( 6x ) 

Refpeds exCiCife its own Pre-. 
rogatives; , .p,.^^v^io '*;.:r-i.l 

It feems alfo proper, in this 
Place, to fliew the Methods 
which have been taken by feveral 
I Governors in our Colonies to 
[evade his Majefty's Inftrudions, 
Uid alfo to conceal many Acts of 
.Power and Oppreflion, which I 
lliall but barely hint at ; for 
la particular Detail of their 
Proceedings would not come 
[within the Compafs of this Efiay, 

• \M'\'i'^r 1!- ^-f: >■'-'■:'' 


*?% J '1- 

Such Governors as have laid 
ISchemes to adl contrary to his 
JMajefty's Inftrudions, do many 





'i 1 

( 62 ) 

A£ls of Government without the 
Privity or Advice of their Coun- 
cil, and confcquently no Entry 
thereof is made; and, at other I 
Times, when Matters have been 
determined in Council, by the 
Governor's great Influence at the 
Board, and over the Clerk of the 
Council, fuch Matters as were 
then under Confidcration have! 
been very imperfe^bly entered, 
and in fome Cafes wholly omit-l 
ted; and when they have not! 
iifed the faid Precaution, and 
Petitions of Complaint have been 
preferred to his Majefly againfil 
them, they, under frivolous Pre- 
tences, keep back the Records,! 

' J,-iJ- -'.iK*!: , J' ». 



( 63 ) 

and do not tranfmit them to the 
Coun-S proper Boards at Home. ' ' ^ ' 

:)i\ f J 

Lt Other! 
e been I 
by the] 
e at the' 
e of the! 
as werel 
)n have 
y omit- 
ave not 
>n, and 
ive been 
f againft 
ous Pre- 
and I 

And fuch Governors have fre- 
! quently formed Connedlions with 
[particular Parties or Fadions in 
the Aflembhes, and fo pafs Laws 
»for the emitting of Paper- bills of 
[Credit, as well as feveral other 
Jiiuls of Laws, fuited to their 
|p.rivate Views and Interefts, with- 
lout inferting a fufpeiidingClaufe, 
fo as to give thofe who think 
themfelves injured thereby an Op- 
portunity of laying their Grie- 
vances before the Crown, pre- 
vious to the faid Laws being car- 
Iried into Execution. 





( 64 ) 

And the faid Governors have 
likewife, in feveral Cafes, dif- 
poffcffed the Grantees of the 
Crou^n of their Lands, without 
any legal Trial or Procefs there- 
on ; and, in feveral Inftances, in 
more Colonies than one, they 
have ifliied blank Patents or 
Grants for Lands, and afterwards 
affixed the Seal of the Colony 
thereto, and put them into pri- 
vate Hands to be difpofed of, 
which hath introduced the utmoft 
Confuiion ill fomc of the Colo- 
nies ; for when blank Patents or 
Grants are fo iffued, it is in the 
Power oi fuch. as hold them, by 
antedating the fame, to* claim the 
Property of others, and to oc- 






rwards I 

.( 6s ) 
cafion fuch mixt Claims,and,Goii-f 
fuiioa in Property, as tdiipiat k 
entirely out of the Power of, Any 
Coutt of Law. -to judge of ancj 
determine the Right and Proper- 
ty of the Subjeqt ; and theji, . . of 
courfc, every Thing muft be 
arbitrarily decided by Aqt? ; of 
Power and Violence. ^{^q -^xh 
K.-! ,-rl J. rj:A:j:g9n n^ila j:>3Jdjci 
But as I have mentioned the 
Tyranny and Qpprefiion of Jpme 
Governors, I fhall, in J.uftice to 
the Character; of others,, men- 
tion, that there have been many 
Governors, who have acted witt^ 
great Honour in Difcharge of the 
Truft repofed in them by the 
Crown. Yet even fome of ihem 

K " have 



.-' J 


have been much difturbed by the 
Jealoufies the People entertained 
of their Governors; which arifes 
from the Abufe of Power, which 
has been too freqiiently put in 
Pradice in the CcJonies. 


• But, in all Cafes of Oppreffion, 
the only Remedy left to the 
Subject when aggrieved, is, to 
petition his Majefty for a Com- 
miflion to examine Witnefies or 
Evidences Abroad; which, in 
fome Cafes cannot be granted, 
provided the Records are defec- 
tive; for if the Subje^l prays 
his Majefty to ^ant a Com- 
miilion to examine Evidences 


Abroad, part of the Matters 




I I 

( 67 ) 

complained of ought to be fup- 
ported by proper Evidences, 
previous to the iflliing of the faid 
Commiffion. But even admit- 
ting fuch Commiffions are ob- 
tained, the Governors have, in the 
Plenitude of their Power, a 
thoufand Ways to filence or de- 
feat the Intention of the Crown 
and the Parties concerned in the 
faid Inquiry, by the Influence 
they have over thofe who are 
generally appointed to examine 
E vidences Abroad ; by the Influ- 
ence they have over the Secretaries 
and Clerks of the Council, and 
alfo by the Terror and Dread ma- 
ny Perfons are liable to, in ap- 
pearing againfl: the Governor in 

K 2 any 

! I 

t 68 ) 

any Matter which may draw his 
Refcntment upon them. ^J->5^<^^| 

' ,» ' .1. 

The Ads of Power, and even 
arbitrary Conduct, which have 
been fometimes exerted, in his 
Majefty's Colonies, can fcarce 
gain Credit from Gentlemen who 
enjoy the Bleffirig of a regular Go- 
vernment at Home ; but if thofc 
who have the Power to redrefs, 
will be at the Trouble to look in- 
to the Complaints which have 
been often made againft his 
Miijcfty's Governors and other 
Officers employed in the Colo- 
nies, and alfo into the Proofs fent 
Home in Support of the faid 
Complaints, they will find raoft 

- -'- clear 

( 69 ), 

clear and evident Proof, that all 
that has been above hinted at is 
founded in Truth, and that it is 
the Want bf Syftem in the Coi?- 
dud of dur A£Fairs, w^hich is the 
Bane dnd ' Ruin of our Ameri-. 
can Colonies, and mufl: in the 
End prove : deftructive to, our 
Trade arid Commerce, jj jjoniiv^ 

„ »•■<>.( •■; 

■,tfif' ^ 

.■ ; I ■ rir**, ^-li', {■ . .. 


But the more fully and clearly 
to illuftrate this Matter, I fhall 
pray^ Leave to refer to the Dates 
of feveral Complaints which have 
been brought to our Council- 
board, o- ,) 

10 iV - 

^r,'The 30th of December^ 1708, 
the Petition of Colonel Sharpe^ 


> i 11 . <-• . ilXO 


and others of the Council oiBar- 
hadoes^ againft the Governor of 
that Ifland, for turning out moft 
of the Officci*s of the Militia ; for 
rejcding the Advice of the Coun- 
cil ; for adjourning the Council, 
and letting the AfTembly fit and 
difpofe of the publick Money 
without theConfent of the Coun- 
cil; for determining Caufes him- 
felf cognizable only in the efta- 
bliflied Courts J and forimprilbn- 
ing and opprefllng his Majefty's 
Subjedls, contrary to Law. 

Sundry Complaints of the I2th 
of Marchy 1 7 1 8, 2 5th of June^ 
1719, and iithof May^ 1720, 
complaining of may Acts of Male- 


ny at 



of th 




s N 
in m; 

1 2th 

( 71 ) 

Adminiftratlon, and even Tyran- 
ny and Oppf eifion, againft Mr. 
Lowiher^ Governor cS Bariadoes^ 
from which Period of Time until 
1734, follow feveral^ther Com- 
plaints againft the Governors of 
different Colonies ; but as moft 
of them were not of any great 
IMomenti I fhall not mention 
them here. -' -^ < 1. 

i^ - 

The 1 2th of February^ i734> 
^ume and Whitahr complain 
againft the Governor of South 
vJarolina^ for afting contrary to 

is Majefty*s Inftrudions, and, 
in many RefpeAs, contrary to 

.aw and Juftke, 

:JM \ 


— 7 

( 72 ), 

.ilThe 7thi;o£ iVi^^lw^ir, 1735, i 
Mormy:.Clik[ Juftice ^of JVeib 
Xerk-i inir like manrien xbmplains \ 
of tho QsM&iiox of; thai! 'Province^ 
foil' A<^% : m^ny i A^ts ; of a very 
uiiuiual,and extraordiaaty NaUJtP.| 

:J/5^Ti. ^^'•'^ '-^ 


r T 

A .' i. c J 

noThc 15th of July., 1736, 
Jackfony the Collectpr of the 
Bahamas, complains of the Go- 
vernor of the faid Province's Ty 
ranny and Opprqflion, and of 
many Acts of Pp.\v,er yrhich can 
be fcarce paralleled.;.,^ 



' .-l\ 

In 1736, the Aiflembly olf 
North Carolina agaii>fl; the GQyer4l 
nor of that Place. 


In 1738, the Houfe of Re- 
prefentatives of New Hampjhir^ 
againft their Governor. . 



In 1746, the Reprefentation 
of five of the Northern Coun- 
ties of North Carolina againft the 
Governor ; with another Memo- 
rial relative to the faid Governor's 
Condudl prefented to the Lords 
of Trade in i^i^^r^«^K, i748, .; 


In relation to v^hicli it is pro-* 
per to obferve, that in all the 
above Cafes Commiflions were 
granted to examine Evidences in 
Support of the faid Complaints ; 
and altho' there wereiaany Tilings 
proved of a very extraordinary 
■ ..;; L "^ Nature, 


( 74 ) 

Nature, and indeed fome of them 
flftocking to be mentioned, yet 
the Delay and Expence attending 
the faid Examinations, the Evi- 
dences procured by the Gover- 
nors to invalidate the Com- 
plainants' Evidences, and the great 
Expences attend? 5 Solicitations 
of this Nature at Home, have, 
for the moft Part, tired the Pati- 
ence of the Complainants, and put 
them into a worfe Condition than 
before they apphed for Relief; fo 
that thofe kind of Convulfions, 
w^hich have at different Periods 
of Time happened in feveral of 
the Colonies, make the People, 
as they judge only by the Surface 
or outward Appearance of Things, 

. ' unealy, 




iineafy, and fo think thcmfclves 
unhappy under the Government 
of the bcft of Kings, and too 
often prompt them to ad: in Op- 
pofition to his Majefty's Meafures, 
or to whatever elfe may be wife- 
ly propofed for the Benefit of the 
Publick. But it is not poffible to 
draw Order out of Confufion; 
the Colonies being fo circum- 
ftanced, nothing can, with any 
reafonable Hopes of Succefs, be 
propofed for their Advantage, or 
for keeping the Indian Nations 
inour Intereft, without inftituting 
a regular invariable Plan of 
Adion ; which, as is moft hum- 
bly conceived, ought to be as 
foon as poffible attended to, as 

L 2 our 


( 76 ) 

our publick Concerns, in many- 
other Rcfpedls, fuffcr greatly from 
the Want thereof, viz. 


The Incroachmcnts of the 
Spa^iiJIj Guardcs de Cojle hath 
been principally owing to the 
Want of Syftem in the Condud: 
of our Affairs, and alfo to the 
Want of a Fund applicable to the 
Ufcs of America'^ which would 
have enabled us to check their 
Infolence ; for if our Governors 
had been impowercd to grant pri- 
vatv^ Com millions, and to employ 
Ships of Force, to treat thofe 
Guardes de CoJle (who fearched 
our Ships in the open Seas) as 
Pyrates, this would have been 


•. (77) 
the Means to deter tlicm from 
adling fo openly, and it would 
have put it in our Power, either 
to avow or difavow the Conduct 
of our Governors therein, as the 
Nature or Circumftances of our 
Affairs might require, which hath 
always been theCondu£tof/V^;^r^, 
in relation to the Spanijk Guardes 
dc Cofte\ and when x[\q Spaniards 
have complained of the French 
Governors making Reprifals, or 
treating thofe Ships, to which the 
Spa?ijjh Governors had granted 
Commiffions, as Pyrates, the 
Anfwer of the French hath gene- 
rally been, That it was the Duty 
of their Governors to protedl the 
King's Subjeds ; but if they found 



I' ! 

• (78) 

any Thing blan^eable in their 
Condud, with ];efpe6l to the Sub- 
jeds of Spainy they would grant 
them Satisfadion therein. How- 
ever it has always happened fo, 
that the French have found fuffi- 
cient Caufe to throw the Blame 
on the Spanijh Governors and 
Guardes de Cojie commiflxoned by 

The having of a Fund appli- 
cable to America would likewife 
have enabled us to preferve the 
Indian Nations in our Intereft, 
which might have been done, 
two or three Years ago, at one 
Tenth Part of th". Expence which 
it will now coft us to regain them. 


(, -J 



It is alfo very obfervable, that 
if we had had a Fund appropri- 
ated to the Ufe of America^ that 
by fupplying the Logwood-cutters 
privately with Arms, Ordinance 
and Ammunition, and alfo in a 
private manner have fent an En- 
gineer amongft them, they would 
have been enabled thereby to pro- 
tedl themfelves from the Spani- 
ards^ and we would have pre- 
ferved that valuable Braach of 
Trade to ourfelves. And in this 
Cafe we need not to have ap- 
peared to ad openly againft 
Sfain^ provided we had had a 
Fund applicable to the Ufes of 
America^ in refped to which we 




( 80 ) 

ought to have follow cd the Steps 
of FrancCy in the Settlement uf St. 
Doini7igo ; as they did not appear 
openly to fupport the Buccaneers^ 
who firft fettled there, but only 
fupplied them with Arms and Am- 
munition, until they llrengthened 
themfelves, and got Poffellicn of 
a great Part of St. Domingo, 

, ^ 

iVom all which there appears 
to be the greateft Neceflity to 
eftabliiTi a Fund for the Ufe of 
America \ for admitting our 
Council or Board of Trade 
were fully apprifed of the State 
of our Affairs in A/ncricay and 
that it would be right and pru- 
dent in them to purfue the fame 



( 80 

Meafures which the French Board 
of Trade have done, yet it is 
not in their Power to do it, with- 
out having a Fund appHcable to 
the Ufes of America only ; for if 
they apply to the Treafury, it 
will be at leaft attended with 
great Difficulties and Delay, be- 
fore the Money wanted is obtain- 
ed ; and if they apply to Parlia- 
ment, the Opportunity may be 
loft ; and, in many Cafes, pro- 
per Supplies may not be granted 
until our Affairs are brought into 
fuch a Pofture, as to put us to in- 
finite Expence to regain what 
we have loft by fuch Delays. 



( 82 ) 



The Trade of our Colonics is 
alfo of very great Importance and 
publick Concern ; for the Domi- 
nion of the Seas, as well as the 
Power and Riches, or Opulency 
of Great Briiai7t and France^ do 
in a great Meafure depend upon 
the Improvement of their refpec- 
tive Colonies in America, Eng- 
land (as is before obferved) hath 
many Difficulties to encounter 
in relation to the government of 
its Colonies, particularly the 
Charter Governments, and the 
Direction of their Trade, yet (as 
is humbly conceived) this might 
be redreffed by the Aid of Par- 

( 83) 





In taking a Survey of the par- 
ticular Branches of Trade carried 
on from the Colonies, particularly 
in Flour and Bifcuit from Penfyl- 
vania and New York to the Dutch 
and French Settlements, and in 
Corn, Flour and Bifcuit to Por- 
tugal and SpatHy there will be 
found feveral Things, efpecially 
in the manner of their Returns, 
which want to be regulated ; and 
likewife in the Returns made for 
Fifh fhipped from New-England 
and Newfoundland 'y and alfo in re- 
ftraining the illicit Trade which is 
now carried on from Newfoundland 
and Rhode Ifland\ which laft-men- 
tioncd Place is often made ufe of as 
M 2 a kind 

a kind of Storehoufe for foreign 
Goods, which are by them intro- 
duced into the other Colonies. 
But thofe Points do not come 
within the prefent Defign of this 
Treatife, nor would (as is con- 
ceived) be of any Service, until 
fome neceffary Steps (previous 
thereto) are taken in relation to 
America \ except only as to one 
Particular it may not be impro- 
per to mention, that the Dif- 
putcs now fubfifting between his 
Majefty's Sugar Iflands and the 
Northern Colonies, in relation to 
the Northern Colonics fupplying 
the French and Dutch with Lum- 

ber, &c. and in Return 
from them Sugar, Molaflei 







I. i 

( 85 ) 

it is conceived, may be im- 
proved to the Advantage of the 
Publickj and equitably determin- 
ed, as they relate to the faid Par- 


Experience hath fliewn, that it 
is extremely difficult to enforce the 
Execution of any Law made 
contrary to the general Bent and 
Difpofition of the People ; but 
how much more fo muft it be to 
enforce a Law made here, and to 
be put in Execution in America^ 
not only contrary to the general 
Bent and Difpofition of the Peo- 
ple, but like wife contrary to the 
very Genius and Conftitution of 
fome of their Governments ; 

vs here- 




( 86 ) . 

in pafling Laws of 
this Nature, 'tis moft humbly 
fubmitted, whether it may be 
more proper, and better anfwer 
the End thereby propofed, fo to 
form the Law, as that the Peo- 
ple there fhould not have too 
great a Temptation to refift, and 
adt contrary to it ; befides, it is 
worthy of Confideration, whe- 
ther a total Prohibition of the 
faid Trade and Commerce might, 
by leffening the Number of our 
Sailors, deeply affed: our Navi- 
gation, and alfo whether fuch 
a Demand for Rum, as the faid 
Prohibition might occafion, would 
not confiderably advance the Price 
of Sugar. 



' I: 

( 87 ) 

On the other Hand, there is 
much to be urged in Favour of the 
Planters in the Sugar Iflands, as 
they are very ufeful Subjeds, 
have moft of their Supplies from 
Great Britain^ and alfo many of 
them fpend their Eftates here ; 
fo that in many Refpeds they de- 
ferve great Encouragement from 
the Publick; and in all Cafes, 
wherein the Intereft and Policy 
of this Nation will admit it, 
they fhould be fupported, and 
have a Preference given to them 
in the Confumption of their Pro- 
duce, which is raifed by them at 
great Rifque, Expence and La- 



( 88 ) 

Therefore, to determine this 
Matter for the Service of the 
Publick, and equitably to the 
Parties, 'tis moft humbly fub- 
mitted, whether all Ships trading 
from the Northern Colonies to 
the Dutch or French Iflands 
ought to do it by Licence, to be 
obtained from proper Officers ap- 
pointed for that Purpofe ; and 
that, on obtaining fuch Licences, 
the Owners of the Ships in tha^ 
Trade give proper Security for 
the Payment of the Duties on the 
Rum, Molaffcs, Mc, brought in 
Return for the Lumber fhipped 
by them ; which Bonds or Secu- 


•ged by pro- 

i,li,' : 


. ( 89 ) 

per Certificates of the Duties hav- 
ing been paid. . ^-^ , 

But in order to remove all 
Temptation to Fraud or Deceit 
on this Head, it may be proper 
to lower the Duty a Penny or 
Three Half pence per Gallon: 
And, as a great part of the Molaf- 
fes imported from the Dutch and 
French Illands into Rhode- IJland^ 
Maffachufef s Bay^ &l. are diftil- 
•led into Rum, and afterwards 
fhipped b) them to Virginia^ Ca- 
rolina^ &c. and alfo to New- 
foundland and the CodiT: oiGuiney^ 
that the Duty of one Penny or Three 
Half Pence Sterl. t)er Gallon 

be laid upon al! Rum fo Ihipped 




.0,. \*' 







14^128 12.5 





11.25 il.4 11.6 












(716) 872-4503 


. ( 9<^ ) 
froiri Rhode-IJlandy Majfachufet' $ 
Bajy &c. to any other Part what- 
foever ; and in cafe that it is car- 
ried coaft ways to any of the other 
Colonies, without proper Vouch- 
ers of fuch Duties having been 
paid, the faid Rum to be liable 
to Seizure in any of the Colonies 
into which the fame is imported j 
or if fliipped to the Coaft ofJVew-- 
foUHdland or Guiney^ without 
proper Certificates of the Duties 
having been paid, which may be 
examined into by his Majefty's 
Ships of War, in both fuch 
Cafes the faid Rum to be alfo lia- 
ble to Seizure, with fuch further 
Penalties on the Matter of the 
Ship as may be thought necdfol. 

- . It, 





It is probable that a Law of 
tjiif Nature and Tendency would 
have it^ due Effed; for, by 
lowering the Duties, it would 
no? be the Intereft of the Peo- 
ple of ^^(jfe^^W, &q. ^Jthej: 
to import MqlalTes^ or fhipRum, 
diftilled by them^ without firft 
payi](ig the Efuty^ ^s it would 
thereby be in gre^t Danger of 
being feized. It i$ further humbly 
conceived, that if the faid Schem^ 
be put in Execution, a very con* 
fiderable Sum of Money may b^ 
raifed, and applied for the gcne^* 
ral Benefit, Advantage, and Secu^ 
rity of the Englifb Colonies on 

the Continent oi Atmrka^ by 
N 2 enabling 




( 92 ) 

enabling them, with greater 
Eafe, to ered: Forts and make 
Preifents to the Indians ; and if 
the Sum arifing therefrom be 
fairly and duly accounted for, 
and proper Regulations introduc- 
ed in the manner of accoiiiiting 
for his Majefty's Revenues in 
America \ andlikewife that, by 
Ad of Parliament, there be a 
further Fund eftablifhed, by en- 
acting that all Writings, Deeds, 
Inftruments, or other Matters 
relating to the Law in the faid 
Provinces fliall be on Parch- 
ment or Stampt Paper, and that 
the Money arifing therefrom be 
applied only to the Security and 
Advantage of the Colonies, it is 

, con- 


( 93 ) 

conceived that a very large Sum 
would arife therefrom, even fo as, 
under a juft Application thereof, 
the Colonies would not be much 
longer burthenfome to this King- 
dom, in advancing Money for 
their Security and Enlargement, 

But further to difcover the 
Importance of our Colonies, and 
how much the Trade and Com- 
merce of this Kingdom depends 
upon our proteding of them, 
and alfo upon a right Diredion 
of their Trade and Commerce, 
it may not be improper to give a 
ftiort Account of what is by 
many computed to be pretty near 
the grofs Amount of our Trade 



( 94 ) 

and Commerce from the Ifl^nds, 
and from the Continent oi Ame^ 
rica-y but I do not offer the 
following State of our Trade, 
as a Matter that may be wholly 
relied upon. .iaob 

— ' 

The feveral Products of his 
Majefty's Sugar lilands coniifting 
of Sugar, Rum, Molafles, Cot-» 
ton, Pimento, Pcj^er, Ginger, 
Cofiee, Mahogony, SPr. export- 
ed to Europe and America^ are 
computed at the Value or Sum 
of 1,670,000 /. Stcrl. per Ann* 
befides the Trade in Negroes 
carried to the Spanijb Settlements, 
and feveral other kinds of Mer-^ 
chandize from y^wo/oj, in Time 



(95 ) 
of War, amount to a great 
Sum. ^ 

The Freight, as computed in 
Time of Peace, amounts to 
280,000 /. Sterl. and upwards. 
And in this Trade are annually 
employed 7000 Seamen, and up- 
wards, beiides a great Number 
of Sailors employed in the In- 
tercourfe the Iflands have one 
with another ; and with the Con- 
tinent of America. 

The Produce of his Majefty's 
Colonies on the Continent of 
America and fhipped to Europe^ 
from South and North Carolina^ 
Virginia^ Maryland^ Penfylvania^ 



( 96 ) 
Nefm jferfeyy New Torkj Connec-* 
ticutj Majfachufei* s Bayy New 
Hampjhire^ and Newfoundland^ 
chiefly coiififting of Rice, Corn, 
Pitch, Tar, Turpentine, Deer 
Skins, Furs, Tobacco, Walnut- 
Tree and other Timber ; Mafts, 
Yards, Fifli, Oil, Ships built for 
Sale, ?^c, are computed yearly 
to amount to the Value or Sum 
of 1,455,000/. Sterl. and up- 




And as many of thofe Com- 
modities are bulky, and, in Pro- 
portion to their Value, do not 
lie in fo little Room as thofe 
from the Iflands, it is computed 
the Freight amounts to 360,000 /. 



( 97 ) . 
Sterl. per Ann, and upwards, and 
that in the faid Trade are em- 
ployed 12,000 Seamen, or there- 


_ . "V J> *' ' 

.^ The feveral Produfls of his 
Majefty's Colonies on the Conti- 
nent of America^ exported to 
the Englijhy French and Dutch 
Coloni^is, and to Africa^ which 
confift of Beef, Pork, Baron, 
Fifli, Flour, Bifcuit, Corn, To- 
bacco, Tar, Lumber of feveral 
Sorts, Ironwork, Cabinet-ware, 
and Spirits diftilled in the North- 
ern Colonies, ^c. are comput- 
ed yearly to amount to the Value 
or Sum of 810,000/. Sterl. and 

O And 




:• ■<■ 


(98 ) 

t ! 



'11- ■! 

it. : ' ' 


n ■ 

And as the Freight of feveral 
of the faid Commodities amounts 
to above a Third of the Value, 
It is computed, that the faid 
Freight amounts to 225,000 /. 
Sterl. per Ann, and upwards, and 
that in this Trade are annually 
employed 8000 Seamen, or there- 


oi ri 

But altho' it appears by the 
above Calculations, that the an*^ 
nual Produd: of his Majefty's 
Colonies, including the Freight, 
which employs about 2 7,000 Sea- 
men, amounts in the wh<Je to 
4,800,000 /. Sterl. per Ann, or 
thereabouts, yet a great Part of 






( 99 ) 

this Trade doth not center in 
England, ' . , ; .^' 

1 i 

»T<o '^(;- 

• The Trade of the faid Colo- 
nics, if directed in a right Chan- 
nel, might be made of much grea- 
ter Service to this Kingdom, in 
the Confumption of our Manu- 
fadures, than our Traffick to 
any other Part of the World, and 
the landed Intereft in England 
would be more improved thereby, 
than by any other Branch of 
Trade whatfoever; as it is con- 
ceived that a great Diftindion is 
to be made between that kind of 
Commerce, which is carried on 
by the Exchange of Foreign Com- 
modities from one Country to 
O 2 another, 



( 100 ) 

another, and that which arifcs 
from the Manufadures of this 
Kingdom ; for altho' one may 
enrich the Merchant and the 
pubhck Stock, yet the other doth 
not only enrich the Merchant and 
the Publick, but at the fame 
Time employ the Poor, and con- 
fequently much improve the 
landed Intereft. The Truth of 
wl\ich is fully evinced by obferv- 
ing the prefent State oixh^SpaniJh 
Nation ; for altho' the Merchants 
and the Publick Stock are often 
enriched there, by their Commerce 
in Foreign Merchandize, which 
they carry on, yet their landed 
Intereft ftill remains very low 
and diftreiTed. And the fame 



I r ■ 
1 t t 

«. v> 

I ^ii 




: and 

th of 
r low 

( \oi ) 

Thing may alfo be obferved of 
the Seven United Provinces of the 
Netherlands. ' ^^ 


i;; ^ cuJ 

In Colonies, which always ought 
to have a Dependance on their 
Mother-Country, too much Care 
cannot be taken to prevent, nor 
too many Reftridions laid in the 
Way of their being fupplied with 
Merchandize, and all other Things 
either for neceflary Ufe or Luxu- 
ry, from foreign Nations. For 
let the Increafe and Growth of 
the faid Plantations arife to any 
Degree whatfoever, yet while 
their Supply is procured in a 
wrong Channel, they will not 
be of that real Benefit, or Service 



i 102 ) 

to this Kingdom, which they 
might be, by a right Direc- 
tion of their Trade and Com- 





One great Advantage the 
French have had over us, in 
extending their Settlements, and 
in gaining the Indian Nations, or 
Tribes of Indians^ over to their 
Jntereft, hath (as is above ob- 
fcrvcd) principally arifcn from 
their having fevcral Funds, not 
only appropriated, but duly ap- 
plied, to the Ufes of their Colo^ 
nies in America j and as Ibme- 
thing of this Sort is abfolutely 
neceflary to be done, for the 
Safety and Proteftion of our 
(^ . Colonies, 



( ?03 ) ' 

Colonies, and alfo for extending 
our Settlements, it may, as is 
humbly conceived, be of Ufe to 
the Publick to treat briefly of 
that Subjed; for if it fhould 
appear, upon Examination, that 
the Manner of accounting for his 
Majefty's Revenues hath not been 
properly reflated, and that by 
the prefent Courfe c£ Proceeding 
there may be an Opening left for 
many Incroachments upon the 
Crown, and upon the Subje^i 
it will be highly nectffary to 
look into diis Matter, previous to 
the creating any new Funds in 
America for thfe Ufe of the 
Colonies* ^^ . ^ 



( IO+ ) 



Iff i 

In order, therefore, to ex- 
plain this Matter, it may be pro- 
per to take Notice of fome of 
the Powers lodged in the Sur- 
veyor and Auditor General of 
the Plantations, viz. 

^r-"v *"■'• ft *•_'»», 

By his Patent, dated the i6th 
of OEiobery 171 7, he hath full 
Power and Authority to inlped, 
examine, ftate, • audit, and, with 
the Allowance, Authority and 
Confent of the Commiflioners of I 
the Treafury, to determine all and 
lingular the Accounts of all Juch 
Rents, Revenues, Fines, Ef- 
cheats, Forfeitures, Duties, and 
Profits whatfoever, for and du- 


( 105 ) 

ring fuch Time as he the faid 
Surveyor and Auditor General 
fliall well behave himfelf in his 
fafd Office. 

And, to the End that the Of- 
fice of Surveyor and Auditor 
General may be duly and rightly 
executed, his Majefty wills and 
commands that the faid Auditor, 
by all lawful Means, do caufe to 
be recovered and paid to the 
proper Officers, for the Ufe of 
the Crown, all fuch Rents, Re- 
venues, Prizes, Fines^ Forfei- 
tures and Duties, &^c, as are now, 
or (hall be hereafter due or owing 
to the Crown, within the faid 
Dominions in America. And to 

P do 





( id6 ) 

do and perform all and every 
fuch other Matter, Caufe or 
Thing, in reflation to the faid 
Accounts and Revenues, which 
to the faid Office and Place of 
Surveyor General, or any Auditors 
of our Exchequer in England^ 
doth or may belong or appertain, 
as to Accounts and Revenues in 

And his Majefty wills and 
corrimands the faid Auditbr anfl 
his Deputies to be obedient to, 
aiid to obferve fuch Orders, 
Rules, iand Diredlions as the 
;Commiffioners of the Treafiiry, or 
'the High ^Treafur^r, or Chancd- 
lor of the Exchequer for the 
, "^ Time 

I| '.'•i"'«WIW 

.(,10.7 ) 

Xin>e Ueing, fhall from Time to 
Time dired and appoiat. ^.^ ^-^ 

And that the faid Auditor do 
alfo from Time to Time offer and 
prefenli to the Commiffioners of 
the Trpafury, or High Treafurer, 
&^c, fuch fropofals ^nd Obferya- 
t^onsj concerning his Majefty's 
faid Duties or Revenues, as may 
any ways tend to improve the 
Ikmp. * vV 


And for the more effectual 
Execution and Performance of 
the Premifes, the faid A^iditor i$ 
authori^ied, with the Confent and 
Allowance of the Commiiffioners 
of the Treafury, to appoint De- 
P 2 puties, 




■. -aiiiiii- 


( io8 ) 

puties, and other inferior Officers, 
for the better expediting the Du- 
ty of the faid Office. 

Whereupon it is proper to ob- 
ferve, that the Powers lodged in 
the Auditor General of America^ 
and the Duty of his Office, are 
much the fame with thofe 
of the Auditors of the Exche- 
quer in England \ and as it may 
be colleded from feveral A£i:s of 
Parliament, and alfo from the 
Orders and Regulations formerly 
made in Council, extending the 
Power of the Lord High Trea- 
furer, that the Kings of England 
refcrvcd the Treafury and Exche- 
quer ill their own Hands \ it is 
'^ " therefore 

I r 

( 109 ) 

therefore mofl: humbly concei- 
ved, that whatever comes under 
the View and Infpedion of the 
Lord High Treafurer, ought of 
courfe to be brought into the Ex- 
chequer ; and altho' the Lord 
High Treafurer hath many fpeci- 
al Powers vefted in him, yet, as 
18 humbly conceived, he is as 
much bound to a6t agreeably to 
the Rules eftabliflied in the Court 
of Exchequer, as our Lord Chan- 
cellor, or any of our Judges in 
Wejiminjler Hall are, to the 
Rules of their refpedive Courts : 
"Which feems to be confirmed by 
the ancient Ufage of the Court 
of Augmentations, before the 
fame was annexed to the Exche- 




f IIO ) 

qucr, according to which the Sta- 
ple of Calak an^^ all other fpreign 
Revenues, which were within th^ 
View of the Lord High Treafureji 

were brought into the feid Clowt. 

-i But, to explain this Matter 
further, it is proper to mention 
the Duties incumbent on the 
Auditor or his Deputies in the 
Plantations ; namely. 


- They ought to givq in Charge 
to the Receivers of hi^ Majefty'a 
Revenues in the Colonies reipec- 
tively, a Schedule or Rent-roll of 
all the Money to be coUeded by 



y 1, .<rt , ^ 



( *") 

And then it becomes the Duty 
of the Receiv5er or Receivers Ho 
return to the Auditor or his De- 
puty a ipecifick Account, ndt 
only of the Perfons from whom 
they receive any Money, for'tJie 
We of the Grown, but alfo in wkrt 
■Prdportion they have paid, whe- 
ther in Whole or in Part, and 
what remains due ; and further 
to rfeturna Lift of all fiich Perfons 
as have not paid any Part or Pro*- 
portion of -the Chief Rents, or 
any other Revenues arifing to 
'the Crown, diftillguiftiing the 
Places of their Abode. And 
when fuch Perfons as are upon the 
Receiver's ^Lift are Non-refidents, 





(112 ) 

or not to be found, from the Defeds 
which have been in the Records, 
in fuch Cafe they are to be mark- 
ed or dotted accordingly, that 
proper Steps may be taken there- 
upon to enforce the Payment of hi s 
Majefty's Revenues. Andunlefs 
this Method is obferved, the Re- 
^ ceiver's Accounts cannot be pro- 
perly checked. 




And after the Receivers have 
obferved the faid Rules or Me- 
thods of Proceeding, then it be- 
comes the Duty of the Auditor 
to make a brief Declaration of 
every of his Receivers Accounts, 
and to fliew the lafl: Year's Ar- 
rearages, for the Ajlpwance or 
.0 DiA 


{ "3 ) 

Difallowance of the Lords Com- 
miflioners of his Majefty's Trea- 
fury on that FIcad ; and, if this is 
omitted, the Auditors or the Re- 
ceivers, as either are in i^'ault, 
are liable to be profecuted, and 
to forfeit their Commiflions. 

5 have 
jr Me- 
, it be- 
tion of 
r*s Ar- 
.nce or 

But it hath been objeded by 
fome of the Receivers, that the 
Schedules or Rent-rolls delivered 
to them are very imperfed, and 
therefore they cannot comply 
with the Duty required from 
them: But this, when confider' 
ed, will be found to be merely 
a Pretence ; for, admitting their 
Schedules or Rent-rolls to be im- 
perfed;, yet they have it in their 

Q^ Power 





( "4 ) • 

Power to mark or dott fuch Per- 
fons Names as have not any 
Thing to pay, or are not to be 
found; by which the Receivers 
may be properly checked in their 
Accounts ; but when this is not 
complied with, it is impoflibje to 
form any Judgment of the Ar- 
rearages, or to know whether the 
Receivers have fairly or fully ac- 
counted for the Money received 
by them. 

'^ ,» 

The Receivers of the Crown 
in diftant and foreign Colonies 
ought likewife to find Sureties in 
the Exchequer for their good 
, Behaviour, and then Procefs would 
iflue againft them, if they did 





not return their Accounts proper- 
ly audited. 


How far the above Regula- 
tions have been complied with, • 
or whether the Receivers of his 
Majefty's Revenues in America 
have aded agreeably to their Du- 
t}', in regularly tranfmitting their 
Accounts Home to the Auditor, 
will appear by the Dates, and 
likewife by their Accounts. And 
whether the Auditor General hath 
had any Objedlion to the faid 
Receivers Accounts, or endea- 
voured to corred the fame, or 
laid the faid Receivers Ac- 
counts before the Lords Com- 
miffioners of the Treafury, for 

Q^ 2 their 


( ii6 ) 

their Lordfliips Allowance or Dif- 
allowance of them, may be 
known by thofe who have the 
Power to, examine into this 
Matter. i^- ^^^^^^^^ -^ /■^ij- ■• ciiiu^:ii 

In Firginiay his Majefty's Rt- 
venuqs are coUeded in the fame 
Manner, and in moft Cafes by 
the fame Perfons who arc em- 
jf)loyed to collect the Provincial 
Taxes ; fo th^t they are thereby 
obliged to pais the Accounts 
of the Revenues before the 
Governor and Council: And it 
is remarkable that in this Co- 
lony the Revenues of the Crown 
amount to near three Times as 
much as in all the other EngUJh 


( "7 ) 

Colonies on the Continent erf" 

The Four one Half per Cent. 
Duty, and all other Matters 
relating to the Cuftoms in Ame- 
ricay are properly within the 
I Department of the Auditor of 
the Imprefts, and, as is humbly 
[conceived) ought to be likewife 
nought into the Court of Ex- 

The mentioning the Form 
^hich ought to be obferved in 
luditmg and accounting for his 
lajefty's Re^'enues in America^ 
lay be of great Ufe to the 
?ublick, provided any new Funds 




It*-. ' ': 

■if '^'■. i y. 








are eftabliflied and made appli- 
cable to the Ufe of the Colonies. 
For as the foreign Revenues of 
the Crown were formerly brought 
into the Court of Augmentations, 
by Ad of Parliament, the Rea- 
fons are equally ftrong for bring- 
ing the Revenues of the Crown 

in America into the Court of Ex 
chequer, elpecially as all thel 

Revenues of the Crown under! 

the View of the Lord High Trca- 

furcr ought of courfe, as is ob- 

ferved above, to be brought intoBAddri 

the Exchequer. BHon 


In 1739, his Majefty thougliBS^^^ 
fit to appoint an Officer to fu«^^d 
pervife, infped, and controU thf ^"^^^ 










was 1 

'I' I ' — " pT 'y 


e Rea- 

•r bring- 


t of ExI 
all tkl 

n undetl 

gh Tml 

as is ob-l 

ight into! 

( JI9 ) 

Revenues and Grants of Lands in 
the Provinces o{ South and North 
Carolina^ and alfo to correct the 
Abufes which thro' Time had 
crept into the Records ; and the 
Motives for appointing the faid 
Officer are mentioned in an Ac- 
count of Quit-rents, dated the 
25th o{ February^ i740> which 
[was made out by Order of the 
Right Honourable the Lords 
Commiilioners of his Majefly's 
Treafury, in Purfuance of an 
Addrefs to his Majefty by the 
Honourable the Houfe of Com- 
mons. But by the Oppofition 
given to the faid Officer, and the 
Icmel Treatment he met with from 
liofe whofe Condud he was to 




1 5.1' 

( 120 ) 

inquire into, it had been happier 
for his Family that he had been 
deprived of his Life, than under- 
taken an Inquiry of fo difagreea- 
ble a Nature, which in its Con- 
fequences hath deprived them of 
the Means of Support ; and altho' 
this poor Man's Sufferings and 
Diftreffes arife principally from 
Caufes which have a publick and 
general Tendency, yet it may 
with great Truth be aflerted, 
that the moft inveterate of his 
Enemies cannot bring any Proof I 
againft him, of his ever having 
in the leaft deviated from his Du- 
ty to the Crown, or in any i> 
fped afted fo as to opprefs or in- 


( I" ) 

jure sny of his Majefty's Subjeds 
in the faid Colonies. 

But to refume the Subjed: : 
The Care and Vigilance of the 
French^ in not only putting their 
Colonies into a Pofture of De- 
fence, but alfo into a Capacity of 
being very formidable, calls loud- 
ly upon us to give the utmoft 
Attention to the -/^ffairs of Ame- 
for altho' we have many 


natural Strengths, yet if thofe 
Strengths are not properly exert- 
ed, they will not avail us, or 
keep us from Surprife ; nor can 
we in any Event whatfoever hope 
for Succefs, until we have a re- 
gular and orderly Method of Pro- 

R ceeding 



( 122 ) 

ceeding in Bufinefs, which is the 
only true Parent of Succefs. 

As the French have a regular 
Syftem, or Plan of adling, and 
fteadily purfue their Schemes, by 
looking into their Courfe of Pro- 
ceeding a tolerable Judgment 
may be made of what they in- 
tend to do, even fome Years be- 
fore ' they have ripened their 
Schemes for Adlion; and, with 
relpecft to their prefent Defigns, 
it may, on good Grounds, as is 
humbly conceived, be conjedur- 
ed, that the principal Objed of 
France^ on the Continent of A- 
merica. is fo to extend their Lines, 
as to include moft of our friendly 



( 123 ) 

Indians within their Bounds, 
which they will in a great Mea- 
fure have efFeded when they take 
the Upper and Lonjoer Cberokees 
and Creek Indians within their 

The Iroquefe^ or Five Nations^ 
are at prefent much checked, and 
in many Refpeds prevented from 
affifting us, by the French hay- 
ing built Cr(ywn Pointy and Nia-^ 
gara ; which makes it unfafe for 
the faid Indians to go at any 
great Diftance from their Town- 
fliips, either in War or in Hunt- 
ing : And if the French in like 
manner build Forts to the South- 
ward, they will include the Up-- 
^ R 2 per 



( 124 ). . 

per and Lower Cherokees^ and 
Creek Indians^ and thereby not 
only engrofs the Fur Trade, 
but alfo endanger the Safety of 
all our back Settlements. 

Now even admitting the French 
make but a faint Refiftance a- 
gainft us next Summer, in the 
Recovery of the Fort and Ground 
we loft upon the River Ohio^ yet if 
they are left in Poffeffion oi Crown 
Point and Niagara^ and alfo of 
the Fort they formerly built at 
Bueuf River ^ which is a Branch 
of the Ohioy and fo continue their 
Lines to include the Southern In- 
diansy which they are now ena- 
bled to do by the Cannon we loft 


( 125 ) 

on attacking them at tht OhiOj 
we fliall be little or no Gainers 
by what we may recover there, 
as the French would ftill have 
moft of the Indians included 
within their Bounds, and at the 
fame Time have it in their Power 
fo to employ them, as to diftrefs, 
or indeed utterly deftroy, any 
Settlement we may hereafter at- 
tempt to make at the Ohio. There- 
fore if the French^ by their In- 
trigues and Addrefs, can make 
us reft fatisfied with the Appea- 
rance of a Conqueft, which will 
not in any Refped be of Service 
to us, they will only amufe us by 
falfe Hopes and Pretences, en- 

grofs the Indian Trade,and in the 




i "6 ) 

End leave all our back Settlements 
expofed to the cruel Ravages and 
Plunder of the Indians. 

l/t:, ' 

And, on the other Hand, if 
we haftily purfue vigorous Mea- 
fures in the Recovery of the Ter- 
ritories which of Right belong to 
us in America^ and yet do not 
firft regulate our Courfe of Pro- 
ceeding with refped to the Af- 
fairs of our Colonies, and alio 
build Forts for the Security of 
our Frontier Settlements, and as 
a Place of Retreat to our Troops 
and to our Friendly Indians, it is 
too much to be feared, that all 
the Blood and Treafure we may 

employ to that End will not have 


( 127) 

the defired EfFedl, and that our 
ading at this critical Jundlure 
either too remiflly, or too preci- 
pitately, may be the Means of 
drawing on a Tvain of evil Con- 
fequences, which in the End 
may prove deftrudive to this 
Kingdom. . , . 

Another Objcd: the French 
|have in View is, to give us full 
|Employnient on the Continent of 
America^ that, in Cafe of a War 
|breaking out, they may be more 
t Liberty to attack our Iflands 
the W^ Indies^ which, it is 
raid, they^have in View, and that 
ky are now providing Stores of 


TO I--, 





( "8 ) 

Arms and Ammunition at Mar- 
tinico, . 

The Intrigues of the French in 
the Eajl Indies are likewifc very 
alarming, and their Views and 
Defigns in Germany and Holland 
may be alfo difcovered; fo that, 
if I am not much miftaken, there 
never! was a Time which called 
more loudly or more importu-| 
natcly upon us, to take a Viewi 
of our own immediate Concerns, 
and fo to regulate them a$ to free| 
us from all Surprife, whenever it 
may be found neceflary to exert 
curfelves io Defence of our Trade 
and Settlements. And, as is moft 
humbly conceived, this Matter 



s and 
fo that, 
I, there 
i View I 
) to free I 
:never it 
to exert I 

.s is moftl 
J Matterl 

( 129 ) 

cannot with Safety admit of De- 
lay, as we may be led into many 
and great Inconveniences thereby, 
and, from the adive and vigo- 
rous Condudl of France^ be ut- 
terly unable to repair the Lofs of 
our Trade and Settlements^ which 
in the End may prove deftruc- 
tive to us, by cutting off all the 
Channels of our Supply, and con- 
fequently render us unable to fup- 
port the Weight of heavy Taxes, 
to make any confiderable 


Struggle againft the ambitious 
Views of France^ in making her- 
felf the Umpire of Europe, 

And altho' we have a Fleet 

greatly fuperior to France^ it is 

S confidered, 


I: . 


( 130 ) 

to be confidered, that (he hath it 
in her Power to alarm us in dif- 
ferent Qiiarters of the World, and 
fo to divide and draw off our 
Strength, in the Protedion of 
our Trade arid diftant Settle- 
ments, as to leave us too much 
expofed at Home. Yet, not- 
withftanding the Confideration of 
thoie Matters is really alarming, 
it is ftill in our Power, if we do 
not delay the Seafon, to put our 
Affairs into fuch a Pofture as to 
defy all the fecret and open At- 
tempts of France againft us. But, 
as is humbly conceived, this, can 
only be done by having a regu- 
lar uniform Courfe of Proceed- 
ing, which may be the Means of 
, /. laving 





( I30 

faving us immenfe Sums of Mo- 
ney, that have been too often 
profiifely employed, at improper 
Times, to regain what we have 
loft by our Miftakes and Inad- 
vertencies. I'he Truth of which 
may be evinced by examining 
into our Condudt for upwards of 
twelve Years before the laft War 
with Spain^ and alfo the Mea- 
fures we have purfued fince that 
lime in relation to America : 
All which Miftakes, and the vaft 
Expence attending them, might 
have been avoided, provided we 
had had a regular uniform Courfe 
of Proceeding, and alfo had 
Funds applicable to the Ufe of 

S 2 There- 



(132 ) 

Therefore it is moft humbly 
hoped, that fome Attention will 
be given to the feveral Matters 
which have been hinted at in the 
Courfe of this Effay: That it 
will be thought for the Service of 
the Crown and of the Subjed:, to 
I'egulate the Offices fb as to bring 
every Matter of Importance to 
the Vicvy of the Crown : That 
it will be thought neccflary, for 
the Support of our Trade and dif- 
tant Settlements, to eftablifli fome 
new Funds applicable only to the 
Vfe of America: That it will 
be thought for the Security of his 
Majefty's Subjeds in America^ and 
alfo for the Protection of our 
Trade and Settlements, to ered 

, Forts 



1 the 
at it 
ce of 
% to 
ce to 

y, for 
id dif- 
1 fome 

to the 
It will 

of his 

ay and 

of our 

10 ered 


( ^33 ) 

Forts near to the Five Indian Na- 
tions, to the Upper Cherokees^ 
and to the Creek Indians ; and 
alfo that it will be thought for 
the Service of this Kingdom, to 
put ''1 : lands into a Pofture of 
Defence : And laftly, that the 
Importance of thofe Matters may 
be judged worthy of the Atten- 
tion of thofe in whofe Power it 
is to defeat the fecret Defigns of 
our Enemies. 

\ ■ 


I pray Leave further to obferve, 
[that if the Genius of the great 
\Sulfy prevails amongft the great 
iPerfonages who have the Diredi- 
|on of our P^iblick Concerns, there 
iJis nothiii?^ been offered which 
fan poflibly give Offence, and 


I' i 



that the Pfofecution of my De- 
fign to treat of the Syftem of our 
great Boards at Home, upon the 
Knowi '' ■■': of which much de- 
pends, caiiiiot draw their Refent- 
ment upon me ; but if, contrary I 
ta my Expedation, any Perfonl 
in Power takes Offence at my 
Condu£l, I humbly hope that on 
due Refledion they will change | 
their Sentiments. And that fuch| 
of our young Senators, who may | 
take the Trouble to read this Dif- 
courfe, will be pleafed to acceptl 
of my Endeavours to explain to 
them the Syftem of out ^merh\ 
can Offices,, from which great Ad- 
vantages may arife to this King- 
dom in the future Cohduft of our| 



n the 
h de- 
at my! 
hit oft] 
It fticli 
lo itiayi 

lis Dif- 
) acceptl 

plain tol 
reat Ad- 
is king-l 
a of out